The Federation Press

Tensions and Traumas in Health Law

Overview

This book builds upon the successful Controversies in Health Law (1999) and Disputes and Dilemmas in Health Law (2006). Under the same editorship, it is substantially larger (37 chapters instead of 18 and 30 respectively) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems in health law.

The chapters are broken up into 10 parts covering Human Rights Issues; Ethico-Legal Issues; Global Health Issues; Consent Issues; Privacy and Confidentiality Issues; Reproductive Technology Issues; Health Research Issues; Death and Dying Issues; Legal Liability Issues; and Reform and Regulatory Issues.

They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by important changes to civil liability for medical negligence; by likely changes to the legality of assisted dying/euthanasia law; by biobanking and embryo research.

Tensions and Traumas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on ‘old’ issues such as reproductive law and on refusal of treatment for seriously ill minors; takes account of changes relating to the delivery of health services such as global and public health law policies, and by health tourism; reviews the dilemmas posed by regulation of unregistered health professions, research misconduct and the forensic role of health practitioners; and discusses how difficult cases in relation to informed consent, lost chance litigation, mental harm claims and wrongful birth cases have pushed compensability to its edges.

Reviews

Reviews of previous edition:

A great reference book for anyone interested in health law in Australia. - Belinda Bennett, Director, Centre for Health Governance, Law and Ethics, University of Sydney, Australia

This comprehensive text covers wide ranging issues involving medicine and law. … The section of greatest interest to practicing opthalmologists and surgeons will be section 8, Litigation and Liability. … It provides an excellent summary of the current medical negliegence law. … This book is an excellent overall review of most of the issues in health law. It would be of interest to anyone with a particular interest in medico-legal matters. - Dr Michael Delaney, RANZCO News, September 2006

This scholarly text provides state-of-the-art discussion over a great range of health law. The subject matter is always fascinating and contemporary. Some chapters have excellent tabular summaries or appendices, particularly in relation to the differences between various jurisdictions, and there is a comprehensive bibliography and index. - Law Society Journal, New South Wales, June 2007

The book’s 36 contributors include high profile legal and medical practitioners and widely published senior academics. … their essays are analytic, informative, challenging and at times provocative.… the book’s emphasis tends to be on the legal aspects of health dilemmas. There are discussions on liability and medical negligence, inadequate provision of health services, the accountability of health practitioners for their conduct, ramifications of public health harms, civil claims etc. The legal minefield in health law is also very evident when discussing such issues as reproductive technology and aspects of the fast-moving area of genetics. Nevertheless, that there is a strong moral and ethical side to health law is also evident, particularly in the sections dealing with human rights, and in discussions on both beginning and end-of-life issues.… It is well written and well referenced and it is also amazingly easy to read, considering the overall complexity of the issues and the sheer size of the book. The wide range of topics discussed and the general organisation of the book makes it both interesting reading and a good reference. It would be valuable for both legal and medical practitioners, and also a useful resource for students of medicine, law and many other related subjects. - Australian Law Librarian, 2007

Table of Contents

Foreword by Sheila AM McLean
Acknowledgments
About the Contributors
Table of Cases
Table of Statutes

Introduction
              Ian Freckelton and Kerry Petersen

PART A: HUMAN RIGHTS ISSUES
1.  Health Law and Human Rights: Towards Equality in the Human Right to Health
              Penelope Weller
2.  Aged Care and Liberty Deprivation
         Kate Diesfeld
3.  Mental Health Law
         Ian Freckelton and Warren Brookbanks
4.  Accountability through Litigation: Health Care Justice and Australia's Immigration Detention Program
         Paula O’Brien

PART B: ETHICO-LEGAL ISSUES
5.  Ethico-Legal Dilemmas in Clinical Service Delivery: Continuity, Recognition and Relationships in Clinical Service Delivery
         Grant Gillett
6.  Finite Resources and Clinical Care: Rationing
         Jonathan Herring

PART C: GLOBAL HEALTH ISSUES
7.  Health Care and International Trade and Investment
         Thomas Faunce
8.  Global Health
         Belinda Bennett and Belinda Reeve
9.  Public Health Law
         Sonia Allan
10. Transnational Health Care: Regulating the Line Between Hype and Hope in Health Tourism
         Ian Freckelton

PART D: CONSENT ISSUES
11. Cracks in the Lintel of Consent
         Cameron Stewart
12. Refusal of Potentially Life-saving Treatment for Minors
         Ian Freckelton and Simon McGregor
13. End of Life Decision-making for (Extremely) Premature or Critically Impaired Infants
         Neera Bhatia

PART E: PRIVACY AND CONFIDENTIALITY ISSUES
14. Health Privacy and Confidentiality
         Danuta Mendelson and Gabrielle Wolf
15. Genetic Privacy
         Margaret Otlowski and Lisa Eckstein

PART F: REPRODUCTIVE TECHNOLOGY ISSUES
16. Assisted Reproduction: Emerging Technologies, Ethics, Regulation and Practice
         Sonia Allan
17. Non-Medical Sex Selection: Sliding Down the Slippery Slope?
         Michelle Taylor-Sands
18. Surrogacy
         Ronli Sifris

PART G: HEALTH RESEARCH ISSUES
19. Commercialisation of Genomic Research: The Issue of Public Trust
         Christine Critchley and Dianne Nicol
20. Property in Human Biomaterials
         Imogen Goold
21. Human Embryos, Genome Editing and Future Directions
         Tess Whitton, Dianne Nicol and Don Chalmers
22. Gene Patents
         Dianne Nicol
23. Trends and Challenges in Biobanking
         Jane Kaye, Jessica Bell, Megan Prictor and Megan Munsie
24. Research Fraud by Health Practitioners and the Criminal Law
         Ian Freckelton and Marilyn McMahon

PART H: DEATH AND DYING ISSUES
25. Withholding and Withdrawing Potentially Life-Sustaining Treatment: Who Should Decide?
         Ben White, Lindy Willmott, Eliana Close and Jocelyn Downie
26. Assisted Dying in Australia: A Values-based Model for Reform
         Lindy Willmott and Ben White
27. Assisted Dying: Learning from the International Experience
         Ian Freckelton
28. Organ Donation
         Anne-Maree Farrell
29. Families in Conflict over their Dead
         Rosalind Croucher
30. Death Investigation and the Role of the Coroner
         Ian Freckelton and David Ranson

PART I: LEGAL LIABILITY ISSUES
31. Medical Practitioner Liability in Negligence
         John Devereux
32. Complementary Health Law
         Jon Wardle
33. The Forensic Role of Health Practitioners
         Ian Freckelton

PART J: REFORM AND REGULATORY ISSUES
34. Health Workforce Conflicts 
         Robyn Fairhall, Debra Griffiths and Kim Forrester
35. Abortion Laws: Criminalisation and Decriminalisation
         Kerry Petersen
36. Complaint Resolution, Quality Improvement and Public Protection: The Diverse Roles of Australasian Health Complaints Entities
         Ron Paterson and Joanna Manning
37. Regulation of Health Practitioners
         Ian Freckelton and Belinda Bennett

Select Bibliography
Index

Of interest...